The Supreme Court has dismissed an appeal in a medical negligence action concerning the birth of Ian O'Mahony at the Bon Secours Hospital in Cork in May 1987.
O'Mahony, suing through his mother Ann O'Mahony, alleged that negligence by the hospital and consultant obstetrician Dr David Corr caused severe disabilities. The High Court had dismissed the case after a 46-day hearing, and the Supreme Court has affirmed that decision.
Mrs O'Mahony had been admitted with pre-eclampsia. During induced labour on 11 May 1987, the baby's heart rate fell sharply, a condition known as bradycardia. Dr Corr arrived and delivered him by forceps at about 5.15pm.
The High Court found that the hospital's system resulted in delivery occurring between seven and 12 minutes later than was reasonably possible. It also found the hospital's system for recording the condition and treatment of babies in its 24-hour observation nursery was inadequate. Ian remained there for 19 hours after birth.
However, the central issue was causation. Medical experts differed over whether his later condition resulted from oxygen deprivation around birth, neonatal hypoglycaemia or an unexplained developmental cause. The trial judge found that the evidence did not establish on the balance of probabilities that either identified hospital failing caused or contributed to the disability.
Chief Justice Keane held that those findings were supported by credible expert evidence and could not properly be overturned on appeal merely because other medical witnesses had reached different conclusions.
The Supreme Court also rejected an argument that missing or absent medical records shifted the burden of proof against the hospital. The court held that the old evidential principle concerning destruction or suppression of evidence did not apply on the facts.
As regards Dr Corr, the court upheld the finding that he acted without negligence and delivered the baby promptly once the emergency became apparent to him. The appeal was dismissed and the High Court order affirmed.